STORY FROM: Benzene & Emerging Toxic Torts Litigation

Court Rejects Defense Motions Seeking Workers' Compensation Immunity

HUNTINGTON, W.Va. -- A West Virginia Court has denied defense motions in two state court benzene cases in which the defendants' sought workers' compensation immunity against the medical monitoring class action lawsuits. Plumley, et al. v. ACF Industries, et al., No. 02-C-0590; Bradley, et al. v. SWVA Inc., et al., No. 02-C-0587 (W.Va. Cir. Ct., Caball Cty.).

In separate March 30 orders, the West Virginia Circuit Court for Caball County ruled that the Workers' Compensation Act does not apply when the plaintiffs do not presently suffer a physical injury.

'Since Plaintiffs do not presently suffer from any solvent-related occupational disease, ...

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